Why Were Spinal Cord Stimulator Sales Representatives Changing Patient Settings Without Doctors Involved?
As our lawyers investigate spinal cord stimulator lawsuits for thousands of individuals throughout the U.S., a troubling fact pattern has emerged where clients often report that sales representatives were changing settings and making programming decisions, without the consent, direction or advice of the treating doctor.
This litigation involves problems with a number of different spinal cord stimulators manufactured and sold over the past decade by Boston Scientific, Abbott, Medtronic and Nevro, which were marketed as permanent implants to help manage chronic back pain or nerve pain.
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In many cases, our clients report that the manufacturers were not only making programming decisions and changes without doctors involved, but that sales reps were “coaching” them about how to describe the treatment to obtain insurance approval for the expensive devices, which were not actually working.
The spinal cord stimulator changes made by the sales representatives went beyond providing “technical support”, often involving direct changes to the device and responding to complaints about problems that should have been evaluated by a doctor, including:
- Painful shocks;
- Burning sensations;
- Worsening pain;
- and other signs the spinal cord stimulator was malfunctioning.
The direct involvement of spinal cord manufacturer sales reps in the treatment decisions raises serious questions, and in this post we will explain how this decision to place profits before the best interests of patients is likely to play an important role in these lawsuits and the amount of compensation manufacturers may be required to pay in the future.
If you have additional questions or experienced problems after receiving a spinal cord stimulator implant, we encourage you to call our law firm toll free at 1-800-522-0102 or complete our free case review form today to find out if you qualify for a spinal cord stimulator lawsuit settlement.
Who Are Spinal Cord Stimulator Sales Representatives?
Spinal cord stimulator sales representatives are typically employees or contractors working for the device manufacturer, such as Abbott, Boston Scientific, Medtronic, Nevro or other companies. Their job is generally to support the use of the company’s device by helping doctors, surgery centers and pain management clinics understand the programming system, patient remote, software and device features.
These sales reps may be present during trial procedures, permanent implant surgeries, programming visits or follow up appointments because they know how the manufacturer’s equipment works. In many cases, they help operate the programmer, explain device functions or assist with technical troubleshooting.
However, they are not the patient’s treating doctor. They should NOT be diagnosing medical problems, deciding whether a device should remain implanted, determining whether symptoms are serious, or making independent medical decisions about a patient’s therapy.
Lawsuits allege that many of these spinal cord stimulator sales reps crossed that line by doing more than providing technical support. Patients report that representatives for the manufacturer often independently changed stimulation settings, responded to complaints about painful shocks or burning sensations, reassured them about worsening symptoms, and in some cases influenced what patients reported during the trial period before a permanent device was approved.
Lawsuits Claim Patients Were “Coached” Through SCS Trial Periods
Before a permanent spinal cord stimulator is implanted, many patients first undergo a temporary trial period. During this trial, leads are placed near the spinal cord and connected to an external device for several days to determine whether stimulation provides enough pain relief to justify a permanent implant.
The trial period is important because doctors, patients and insurance companies often rely on the reported results to decide whether the permanent spinal cord stimulator should be approved. In many cases, individuals may be told that the device must reduce their pain by a certain amount, often around 50%, before insurance will pay for the permanent implant.
Some spinal cord stimulator lawsuits allege that sales representatives improperly influenced the trial process by telling patients the permanent implant would work better than the temporary device. Patients claim they were then coached to report at least 50% pain relief so insurance would approve the permanent implant, even when the trial provided little, inconsistent or short-lived relief.
These allegations raise serious concerns because the trial period is supposed to help determine whether the device is medically appropriate for the patient. If a representative encouraged a patient to overstate the level of pain relief, minimize problems or report a successful trial to satisfy insurance requirements, that may have contributed to a permanent implant being placed in a patient who was not actually a good candidate for the device.
How Spinal Cord Stimulator Settings Are Controlled
A spinal cord stimulator is not a device that should be adjusted casually. It sends electrical pulses near the spinal cord, and changes to the settings may affect how much stimulation is delivered, where the stimulation is felt and how the patient’s nerves respond.
After implantation, the device may be programmed and adjusted over time based on the patient’s symptoms, pain location and medical condition. Abbott and Boston Scientific sales representatives may assist with the technical side of programming, but the medical decision to change therapy should come from the treating doctor.
Spinal Cord Stimulator Settings Changes
Programming changes may involve several parts of the device’s therapy, including:
- Stimulation strength or intensity
- Pulse width
- Frequency
- Waveform
- Program selection
- Location of stimulation
- Battery or charging settings
- Patient remote settings
These settings can affect how the device interacts with the nervous system. If a patient is reporting severe shocks, burning pain, numbness, weakness or worsening nerve pain, the issue may require medical evaluation rather than another programming change.
Medical Decisions Should Come From the Treating Doctor
The treating physician is responsible for evaluating the patient, reviewing symptoms and deciding whether the device should be adjusted, turned off, imaged, revised or removed.
A sales representative may know how to operate the device programmer, tablet or remote. However, lawsuits allege that some sales reps went beyond technical support by changing settings, responding to medical complaints and reassuring patients about serious symptoms without the consent, direction or advice of the treating doctor.
Why Device Representative Programming Is Becoming a Lawsuit Issue
Lawsuits allege that some SCS sales representatives went beyond technical support. Patients claim the sales reps changed stimulation settings, responded to complaints about shocks or burning pain, and reassured them about symptoms that should have been reviewed by a doctor. This is likely to play an important role in the litigation, and the amount of damages juries may award at trial.
When Technical Support May Cross Into Medical Decision Making
While a sales representative may be allowed to help operate the manufacturer’s programming system or assist a doctor during an appointment, the concern is whether representatives were allowed to make or influence medical decisions after patients reported serious problems.
Patients have raised concerns about SCS sales representatives who allegedly:
- Adjusted device settings when no doctor was present
- Changed stimulation levels after complaints of painful shocks or burning
- Treated new symptoms as a programming issue instead of a medical concern
- Told patients their symptoms were normal or unrelated to the device
- Encouraged patients to keep trying new settings despite worsening pain
- Handled repeated complaints without directing the patient back to the doctor
- Failed to document whether a physician ordered or approved the changes
These allegations are part of product liability claims because the sales representatives were acting within the manufacturers’ device support systems. Lawsuits focus on whether the companies properly trained, supervised and limited the role of their representatives when patients reported serious complications.
Why Programming Changes Can Cause Serious Problems
Spinal cord stimulator programming is not a minor adjustment when the patient is reporting severe symptoms.
A change in stimulation can affect where the electrical current travels, how strong it feels and what nerves are activated. If the leads have migrated, if hardware is damaged, if the battery or generator is malfunctioning, or if scar tissue has developed around the implant, changing the settings may not fix the problem. It may make symptoms worse.
Injuries Reported After Spinal Cord Stimulator Reprogramming
Patients pursuing spinal cord stimulator lawsuits have reported injuries and complications such as:
- Stronger or more frequent electrical shocks
- Burning pain near the battery, leads or implant site
- Pain shooting into the legs, feet, arms or torso
- Worsening back, leg or nerve pain
- Numbness or tingling
- Muscle spasms
- Weakness or difficulty walking
- Foot drop
- Loss of bladder control
- Loss of bowel control
- Failed stimulation therapy
- Revision surgery
- Complete device removal
These symptoms may require medical evaluation, imaging, device interrogation, revision surgery or removal. Lawsuits allege that repeated troubleshooting by company representatives may have delayed that evaluation for some patients.
Evidence That May Help Prove What Happened
Patients who believe a SCS sales representative improperly changed their spinal cord stimulator settings should try to preserve as much information as possible. These cases may turn on who changed the settings, when the changes were made, what symptoms were reported and whether a doctor approved or directed the programming.
Records That May Support a Spinal Cord Stimulator Lawsuit
Important evidence may include:
- Exact device manufacturer and model
- Implant date
- Name of the implanting doctor
- Dates of programming appointments
- Names of company representatives involved
- Whether a doctor was present during programming
- Symptoms reported before and after adjustments
- Device interrogation reports
- Impedance reports
- Programming logs
- Patient remote history
- Pain management records
- Emergency room records
- Imaging studies
- Revision surgery records
- Explant surgery records
- Text messages, emails or portal messages with the doctor, clinic, representative or manufacturer
Patients should not rely only on memory. Records may help show whether the programming was ordered by a doctor, handled by a company representative or treated as manufacturer troubleshooting.
What Is a Device Interrogation Report?
A device interrogation report may show information about the spinal cord stimulator’s function, settings, errors, impedances and programming history. This report may help identify whether the device had abnormal readings, whether leads were functioning properly and whether programming changes occurred.
Patients can ask their physician or pain management provider whether a full interrogation report can be obtained. They may also ask for copies of programming records created during follow up visits.
Why Device Logs May Matter in Spinal Cord Stimulator Lawsuits
Device records may help show:
- When settings were changed
- What programs were used
- Whether stimulation levels were increased or reduced
- Whether abnormal impedance readings were present
- Whether the device showed errors or resets
- Whether lead problems may have existed
- Whether repeated programming changes were attempted
- Whether symptoms matched changes in stimulation therapy
This information may help connect the patient’s symptoms to programming changes, device problems or repeated troubleshooting by company representatives.
Who Can File a Defective Spinal Cord Stimulator Lawsuit? Individuals may qualify to file a spinal cord stimulator lawsuit if they received an Abbott, Boston Scientific, Nevro or Medtronic implant and later experienced problems such as:
- Lead wire fracture
- Lead wire migration
- Device migration within the spinal canal
- Electrical shocks or overstimulation
- Worsening chronic pain
- Severe nerve pain
- Spinal cord compression
- Infection
- Device removal or explant procedure
- Permanent nerve damage
- Spinal cord injuries
- Wrongful death
If you or a loved one suffered serious complications after receiving a spinal cord stimulator implant, you may be eligible for a spinal cord stimulator lawsuit settlement.
Call 1-800-522-0102 or complete our free case review form today to find out if you qualify for a spinal cord stimulator lawsuit settlement. There are no fees unless compensation is recovered.


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